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Running head: Labor Labor Author Author Affiliation Title of Paper Research the internet to locate and describe a quality report, article or site that discusses discipline and / or discharge. Ensure that you draw similarities and / or differences between the two articles or websites on the subject of "The Manager's Role in the Disciplinary program." According to Kollman, the concepts of discipline and discharge are closely related, and the manager plays an integral role in both. Discipline must form the basis of any discharge action. According to Kollman (2000), There are six things that managers must be taught in order to understand the concepts of discipline before discharging an employee: State and federal laws Creating a positive employment environment How to evaluate an employee How to communicate effectively to employees What the company's methods of discipline and discharge are Direction on how to document so thoroughly that a case will already be prepared for trial, should trial become necessary.
In general, disciplining is a continuing and progressive process, and all paperwork should reflect that the employee not only has been disciplined, but has been disciplined in a progressive fashion and in such a manner it is impossible for the employee to be unaware there is a problem with their behavior. The manager is the individual responsible for providing discipline, ensuring it is progressive, and documenting the discipline. He will also be the one who recommends discharge (Kollman, 2000). The University of Texas (2004) takes Kollman's recommendations even further when determining proper procedure for a manager who is prepared to discipline and discharge. In their policy 1. 7. 1 (University of Texas, 2004) the University details the exact procedure that must be followed in providing discipline, and the exact nature of charges that will result in discharge. In addition, the University clearly defines actions that will lead to discipline.
The net effect is as Kollman suggests: it will be impossible for an employee to be unaware that there is a problem with their behavior. Kollman's (2000) article is intended to be general guidance in setting up a discipline and discharge program, while the University of Texas (2004) policy is a link to the University's actual policy. There is very little contrast between the two, but there is a great deal of agreement. In the end, both items agree that the manager is responsible for discipline, recommending discharge, and documentation.
The three go hand in hand. Explain the reasons for the contentious relationship between labor management and security. You have just been notified by your management that a union for security personnel is trying to organize within your organization. You boss has demanded that you explain to the security staff all about the NLRA and the NLRB and how the bargaining relationship will work.
Use examples so all the security personnel will understand your presentation. Share with the security staff any of your own union stories, good or bad. There have typically been contentious relationships between management and security simply because the demands placed upon security forces are so high. By their nature, security forces must be available in working conditions that other employees do not have to face. They work long hours, frequently in terrible conditions. Many companies have the requirement that security officers stay on the job until they are relieved, without regard to the number of hours worked.
Security officers tend to work alone or with very little supervision, and rarely have the ability to get drinks, take breaks, or potty stops unless each of the foregoing are planned in advance. Further, if an emergency arises, the officer may be unable to leave post to relieve him or herself or to take care of basic human needs. For many security employees, even though the company offers sick leave there is not really an ability to take a sick day. In discussing the NLRA and NLRB with security officers, they should be told that the union (s) will attempt to get them to sign a collective bargaining agreement that will allow the union to represent them.
They will be charged dues for this privilege. The union will not be able to force the employer to sign an agreement, they will merely negotiate in good faith for the employee. The union will try to get better pay, better benefits, and better working conditions, but there are no guarantees. Most companies also tell employees that if it becomes too expensive for them to make a profit, they will simply go out of business.
Though we cannot tell employees we will go out of business if they go union, we should point out that it may be more difficult to stay in business... Define circumstantial evidence and constructive discharge Circumstantial evidence is a lower standard of proof under the law than that required in many legal situations. Circumstantial evidence allows a judge, reviewing board, mediator, or state officer to look at the totality of an individual's situation and decide if the circumstances taken in total would allow a reasonable conclusion that a condition existed. As an example, there may not be empirical proof that a woman was sexually harassed, but there may be circumstantial proof: Girlie calendars in the workplace Women receiving harsher discipline than men for the same infraction A woman or women receiving multiple write-ups in one day stemming from the same incident (s) Women not receiving overtime assignments Male employees being allowed to use sex-based language when referring to women, such as "bitch." Any one of these conditions alone may not present proof that women are being discriminated against or sexually harassed, but taken together they present a powerful circumstantial picture.
Constructive discharge is a term that means an employer has made working conditions so difficult for an employee that they finally quit rather than continue working under the conditions. In the case above, sexual harassment, one of the questions from the court or the investigating state board will be whether or not the harassment is strong enough that it violates Title VII. The prevailing question of law is whether or not the harassment (or other condition) is so severe that a "normal" person would quit rather than tolerate it. If the condition is so severe that a "normal" employee would not tolerate it and quits instead, the court or the state board may rule that they were constructively terminated. Being constructively terminated gives the employee redress under the law. If the court finds that there was harassment but it was not strong enough to be a constructive discharge, then the employee will win only on the harassment charge.
If, however, the court or state board determines that the harassment was so severe as to be constructive discharge, then the employee has redress on two counts. References Kollman, K. (2000) The Commonsense Rules of Discipline and Discharge. HR. com. Retrieved online February 20, 2009 at web University of Texas (2004). Performance Counseling and Discipline.
From the policy manual. Retrieved online February 20, 2009 at web
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Research essay sample on University Of Texas Circumstantial Evidence
